Asimou & Associates

About

Asimou & Associates provides legal services in the areas of Will and Trust contests and elder abuse/financial exploitation and in commercial litigation.

Story

Asimou & Associates was founded in 2000 by Thomas G. Asimou. Asimou & Associates specializes in providing legal services in the areas of Will and Trust contests and elder abuse/financial exploitation and in commercial litigation.

Asimou & Associates is dedicated to providing the highest quality of legal services to our clients. Our goal is to conclude each matter in a manner consistent with our client’s objectives and in as timely and cost-effective a manner as possible.

Missing Person – Conservatorship and Declaration of Death

According to the National Missing and Unidentified Persons System (NamUs), there are as many as 85,000 active missing person cases nationwide. According to NamUs, as of April 2016 there are in excess of 12,000 active cases in the NamUs Missing Person database.

Often times, when a loved one goes missing, his or her name may be on a mortgage or loan. You may have counted on his or her paycheck to support your household expenses. You may desire to sell a home that is jointly titled between you and your loved one but cannot do so without legal action. Your loved one may have obtained life insurance or that you cannot access pending a declaration that your loved one is legally dead. You may also be entitled to social security benefits that you cannot access pending a legal determination that your loved one has died.

Most states have a statute (law) which requires a certain amount of time to pass before a missing person is presumed dead. In other words, the law may presume that your family member must remain missing for a certain period of time (varies by state and circumstances of death, but typically five years) before a Court will declare that person legally dead.

However, if there is “sufficient evidence” that a missing person has died, you may obtain the Court’s declaration that your loved one is legally dead ahead the presumptive time frame. Different states have adopted different standards for the burden of evidence required (whether a higher “clear and convincing” standard or lower “preponderance” standard).

WARNING: The material provided is not legal advice and should not be relied up in lieu of consultation with appropriate legal advisors. No advice is being tendered; no professional services are being rendered; no contract or attorney-client is being established herein. Do not act upon any information presented herein. Asimou & Associates, PLC disclaims any and all liability for actions taken in reliance upon the contents of this site. As legal advice must be tailored to the specific circumstance of each case, please retain or consult with legal counsel if you require assistance.